THE ORIENTAL INSURANCE CO LTD vs SMT SAPNA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th February, 2025 MAC.APP. 151/2023 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni & Mr. Pavan Kumar, Advs. versus SMT SAPNA & ORS. .....Respondents Through: Mr. S.N. Parashar, Adv. for R1 to R4 CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present appeal is filed challenging the award dated 06.01.2023 (hereafter ‘the impugned order’) passed by the learned Presiding Officer, Motor Accidents Claim Tribunal, Rohini Courts, Delhi in MACT No. 808/2018. 2. The Insurance Company/appellant challenges the impugned award mainly on twofold grounds; firstly, the father of the deceased should not have been considered as dependent and secondly, the learned Tribunal erred in considering the income of the deceased as ₹16,858/- per month as per minimum wages of skilled labour though the claimants were not able to prove the income of the deceased. The learned counsel for the appellant submits that the income ought to have been determined on the basis of the minimum wages for unskilled labour. Signature Not Verified3. In regard to the ground that the father of the deceased Signed By:SHIKHA SEHGA